ArtVandelay Posted November 13, 2012 Report Share Posted November 13, 2012 I received my first letter from a CA called Van Ru Credit representing JDB Calvary. They have the OC listed as Riverwalk Holdings LTD which has never contacted me in any form. From doing a little research it looks like Riverwalk bought some accounts from Chase that may have had some issues that Chase didn't want to deal with. The funny thing is that I didn't even have an account with Chase. Just possibly an alleged account from a bank that they bought from another bank that they bought. Is it a violation for them to list another JDB as the OC? It looks pretty strange. Link to comment Share on other sites More sharing options...
1stStep Posted November 13, 2012 Report Share Posted November 13, 2012 I think that is misrepresenting the nature of the debt...Send a DV and see what happens... 1 Link to comment Share on other sites More sharing options...
BV80 Posted November 13, 2012 Report Share Posted November 13, 2012 I agree with 1stStep. A JDB is not an OC. See if and how they respond to your DV. Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted November 13, 2012 Report Share Posted November 13, 2012 Van Ru Credit representing JDB Calvary.Did they use the term representation? If they did, another violation, unauthorized practice of law. Unless they are lawyers, which doesn't sound likely.the OC listed as Riverwalk Holdings LTD No way, Riverwalk is a JDB not an OC. It's a mess, you have to figure this out in discovery. Chase bought out / absorbed WAMU / Providian. Could be one of theirs. They lost a LOT of the records for these acquisitions. That's where you may have to go in discovery. First round, find out who issued the account. Link to comment Share on other sites More sharing options...
ArtVandelay Posted November 13, 2012 Author Report Share Posted November 13, 2012 Van Ru Credit representing JDB Calvary.Did they use the term representation? If they did, another violation, unauthorized practice of law. Unless they are lawyers, which doesn't sound likely.the OC listed as Riverwalk Holdings LTD No way, Riverwalk is a JDB not an OC. It's a mess, you have to figure this out in discovery. Chase bought out / absorbed WAMU / Providian. Could be one of theirs. They lost a LOT of the records for these acquisitions. That's where you may have to go in discovery. First round, find out who issued the account.They didn't use the word represent, but that they are authorized. So I guess they are OK here. Listing another JDB as the OC is one I have never seen before. Discovery will definitely be interesting for this one. The amount listed may be another story. The amount listed is pushing 20K and if I ever did have an account I'm not sure it could be that much even with a 50% APR. It looks like it has been through so many banks and agencies that they just made it up. Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted November 14, 2012 Report Share Posted November 14, 2012 They said they are authorized.....to do what exactly? Van Ru is not a law firm, they are a collections outfit from Illinois. JDBs don't hire collection agencies as far as I have seen, they just sue you. These could be good violations for you to sue on. Link to comment Share on other sites More sharing options...
1stStep Posted November 14, 2012 Report Share Posted November 14, 2012 I've seen JDBs hire CAs attempting to collect... but I am still of the opinion that the term "represent" means to the least sophisticated consumer that they are a law firm... Link to comment Share on other sites More sharing options...
KentWA Posted November 14, 2012 Report Share Posted November 14, 2012 JDBs don't hire collection agencies as far as I have seen, they just sue you.Cavalry, Asset and Midland all have been co-defendants with CAs that they hired when I sued them. What is the specific language they used in identifying the OC? If it was in fact exactly Original Creditor, then I would argue it is a violation. However on a lot of Cavalry notices it says something like Previous Creditor and the language in the FDCPA would allow them to argue it is not a violation. Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted November 14, 2012 Report Share Posted November 14, 2012 Cavalry, Asset and Midland all have been co-defendants with CAs that they hired when I sued themGood to know, never saw that before. I'd still like him to post what they sent him. Specifically about Van Ru representing somebody. Link to comment Share on other sites More sharing options...
ArtVandelay Posted November 14, 2012 Author Report Share Posted November 14, 2012 They said they are authorized.....to do what exactly? Van Ru is not a law firm, they are a collections outfit from Illinois. JDBs don't hire collection agencies as far as I have seen, they just sue you. These could be good violations for you to sue on.Just says authorized to offer a settlement opportunity. I have seen a few times where a JDB will use a CA for a short period of time. Its basically like outsourcing their work. No money up front and they give the CA a percentage if they con someone into settling. I'm not sure if the above is a violation other than trying to confuse the people they send it to. From what I understand Midland has gotten into trouble doing this, but that is because all of their collection agencies are owned by the same company that owns them.I'm going to hand this over to an attorney in a few days so I'll ask him about the JDB hiring a CA issue also. Link to comment Share on other sites More sharing options...
ArtVandelay Posted November 14, 2012 Author Report Share Posted November 14, 2012 Cavalry, Asset and Midland all have been co-defendants with CAs that they hired when I sued them. What is the specific language they used in identifying the OC? If it was in fact exactly Original Creditor, then I would argue it is a violation. However on a lot of Cavalry notices it says something like Previous Creditor and the language in the FDCPA would allow them to argue it is not a violation.Yep. That is exactly what they did. They listed another JDB as the OC. Probably because they don't know who the OC is. At this point I don't know if I will even send a DV Letter. I'll be talking to an attorney soon and see what they have to say about it. Link to comment Share on other sites More sharing options...
KentWA Posted November 14, 2012 Report Share Posted November 14, 2012 Send the DV. They will do one of two things most likely, either go away or hand you another FDCPA violation. 1 Link to comment Share on other sites More sharing options...
ArtVandelay Posted March 29, 2013 Author Report Share Posted March 29, 2013 Thanks again guys for helping me on this thread! You know who you are! Either the planets are aligned or it must be the end of the quarter. Just received another phone call while I was watching over my $2.49 Jack's Pepperoni Pizza. Anyway, I guess I'll be closing this thread down also. All's well that ends well! Link to comment Share on other sites More sharing options...
Recommended Posts